Carol Ann Worbs v Bluescope Steel (AIS) Pty Ltd [2005] NSWDDT 28

Dust Diseases Tribunal of New South Wales

CITATION : Carol Ann Worbs v Bluescope Steel (AIS) Pty Ltd [2005] NSWDDT 28

Carol Ann Worbs (as Legal Personal Representative of the Estate of the Late Pauline Partridge) PARTIES : Bluescope Steel (AIS) Pty Ltd

MATTER NUMBER(S) : 98 of 2004

JUDGMENT OF: Curtis J

CATCHWORDS: Damages :- Personal Injury - Sullivan v Gordon - claim for domestic services provided to others

LEGISLATION CITED: Lord Campbell's Act

Sullivan v Gordon (1997) 47 NSWLR 319 ; Burnicle v Cutelli (1982) 2 NSWLR 26 ; Franklins Ltd v Burns [2005] NSWCA 54 ; Teubner v Humble (1962-1963) 108 CLR 491 ; Graham v Baker (1961) 106 CLR 340 ; Blundell v Musgrave (1956) 96 CLR 73 ; Donnelly v Joyce (1973) 3 All ER 475 ; CASES CITED: Griffiths v Kerkemeyer (1977-1978) 139 CLR 161; Parry v Cleaver [1970] AC 14; Burnicle v Cutelli (1982) 2 NSWLR 26; Sturch v Willmott (1997) 2 Qd R 3; Nguyen v Nguyen (1989-1990) 169 CLR245; Kars v Kars (1996) 187 CLR 354; Cummings v Canberra Theatre Trust (Federal Court of Australia 18 June 1980 unreported)

DATES OF HEARING: 6 April 2004 18 and 19 April 2005

DATE OF JUDGMENT: 06/03/2005

FOR PLAINTIFF: Mr A McSpedden instructed by Turner Freeman LEGAL REPRESENTATIVES: FOR DEFENDANT: Mr TM Rowles instructed by Sparke Helmore

JUDGMENT:

Dust Diseases Tribunal of New South Wales Matter Number DDT98 of 2004 Carol Ann Worbs as Legal Personal Representative of the Estate of the late Pauline Partridge v Bluescope Steel (AIS) Pty Ltd 3 June 2005 JUDGMENT CURTIS J LIABILITY 1. Mrs Pauline Partridge contracted mesothelioma in May 2003 and died as a result of her condition on 6 April 2004. This action is brought by her legal personal representative who alleges that Mrs Partridge's disease was caused by her inhaling asbestos fibres shaken by her from the work clothes of her husband John and sons Christopher and Malcolm prior to washing these clothes. Each of these men worked at the premises of the defendant with, and in proximity to, asbestos materials. Bluescope admits that it was in breach of the duty to protect Mrs Partridge from the dangers of asbestos but submits that upon the evidence I may not find that the dust which emanated from the clothes shaken by her included asbestos fibres. There is overwhelming evidence to sustain such a finding. I do not believe it is necessary to here restate that material. 2. There must be a verdict for the plaintiff. DAMAGES General Damages 3. The late Mrs Partridge was born on 4 January 1934. She was aged 69 when she fell ill and 70 at the time of her death. In the last year of her life Mrs Partridge lost 20 kilograms of weight and suffered intense pain and sadness. 4. I award $160,000 in general damages and allow interest on $80,000 at 2 per cent for one year ($1600) and interest on $160,000 at 9 per cent from 6 April 2004 to 3 June 2005 ($16,800). Loss Of Expectation Of Life 5. I allow $15,000. Out Of Pocket Expenses 6. These are agreed at $11,359.87. Funeral expenses 7. These are agreed at $2,822.25. Griffiths v Kerkemeyer